Legal Opinion
Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee
Court of Appeals for the Fifth Circuit
Decided January 3, 1977No. 75-1691PublishedCited by 59 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this case a member of the United States Congress unflinchingly asserts that the Constitution allows him openly to discriminate against women. He asserts further that he need not so much as suggest a single basis for the discrimination. The issue is not to be trivialized. We have here a conflict of transcendental importance between the rights of the individual and the rights of a representative qua representative. Although representatives admittedly have some insulation not wrapped around ordinary mortals, the conflicting interests must be harmonized, not…
2Cases cited75 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Marbury v. MadisonSupreme Court of the United States · 1803
- Pierson v. RaySupreme Court of the United States · 1967
70 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Davis v. PassmanSupreme Court of the United States · 1979
- Beller v. MiddendorfCourt of Appeals for the Ninth Circuit · 1980
- Anne W. Walker v. Honorable Ed Jones, Congressman of the United StatesCourt of Appeals for the D.C. Circuit · 1984
- Margaret S. Rodriguez v. Donald E. RitcheyCourt of Appeals for the Fifth Circuit · 1977
- Isaac D. Minton, Administrator of Estate of Minor, Connie Minton v. St. Bernard Parish School BoardCourt of Appeals for the Fifth Circuit · 1986
54 more not listed; retrieve them via the Exa API.